Dissertations / Theses on the topic 'Ressources naturelles – Droit'
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Boukoulou, Marie-Léa. "Exploitation des ressources naturelles au Congo." Toulouse 1, 2000. http://www.theses.fr/2000TOU10029.
Full textAbuhmaira, Enas. "Le régime juridique des ressources naturelles fluides souterraines communes." Poitiers, 2011. http://www.theses.fr/2011POIT3012.
Full textWater, petroleum and natural gas, which represents a significant proportion of the natural ressources of a state are, either a source of conflict or a potential for cooperation and solidarity. Very frequently, these three vital and strategic resources are divided between many states which use them, in most cases independantly. On one hand, inadequetely controlled use these ressources lead in many cases to problems of overuse and pollution thatengender risks of crisis and conflicts between states. On the other hand, the need to protect these resources must put in place a rational management. .
Lauriol, Thierry. "Les contrats relatifs a l'exploitation des ressources naturelles." Paris 11, 1989. http://www.theses.fr/1989PA111010.
Full textThe purpose of this study is a worldwide analysis of the evolution in the structure of the contracts relative to the exploitation of natural resources and in the mechanisms of their clauses. This study aims to contribute to a better understanding of several principles of international trade law and international private law. Part i is concerned with the characterization of the general frame of negotiation seeking a balance between the obligations of the parties on financial and technological grounds. Part ii deals with examination of the execution with a view to analyzing the nature and efforts of several mechanisms, such as the organization of the exploitation and the undertaking of the connected risks
Peyen, Loïc. "Droit et biopiraterie. Contribution à l'étude du partage des ressources naturelles." Thesis, La Réunion, 2017. http://www.theses.fr/2017LARE0005.
Full textBecause they are highly desired, natural resources are subjected to acts of predation, like biopiracy. The phenomenon draws more and more attention but is still not much studied. It is often condemned as real plundering of natural resources. Indeed, even if it covers a pluralist reality, the biopiracy practice can be characteristic of a monopolizing of naturalresources. Thus, it is possible to understand how it emerged and developed, which is important to comprehend it. Furthermore, biopiracy raises the question of the sharing conditions of natural resources and thereby contributes to strengthen the solidarist dimensions of the natural resources legal status. However, current rules are insufficient. This situation is inviting for a general reflection about the legal status of the environment that leads to consider it as a common good
Michallet, Isabelle. "La protection des espèces migratrices en droit international et en droit communautaire." Lyon 3, 2000. http://www.theses.fr/2000LYO33010.
Full textCalasans, Jorge Thierry. "Le concept de ressource naturelle partagée : application au ressources de l'eau : l'exemple de l'Amérique du Sud." Paris 1, 1996. http://www.theses.fr/1996PA010292.
Full textThis study, in the field of both public international law and environmental law, deals with the concept of "shared natural resources" and its application in the joint management of water resources, especially among south American countries. "shared natural resources" is a concept established in the seventies, and was used in various bilateral and multilateral treaties, particularly those concerning the production of hydroelectric power. Some treaties are analyzed, as well as the united nations environmental program draft principles concerning the harmonious utilization of shared natural resources, and the international law commission draft project on the law concerning the utilization of international rivers. The study is divided in two parts. The first one deals with water as a "shared resource", that is, the evolution of the juridical approach of international rives and the problems arising from a fragmented perception of water resources. The second part studies, in a more pragmatic way, the application of the concept in the joint management of the plata and amazon basins. It also presents the use of the concept in other parts of the world (especially in the Rio Grande and Mekong basins) and in the field of resources other than water (straddling resources and resources above national jurisdictions)
Le, Hardy Magali. "Problèmes juridiques posés par l'exploitation des ressources biologiques de la haute mer." Nice, 1996. http://www.theses.fr/1996NICE0033.
Full textSingla, Laure. "L'approche juridique contemporaine de la gestion des ressources naturelles mondiales." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0019/document.
Full textThe conquest of space since the fifteenth century allowed the recognition of the principle of sovereignty of States over their natural resources. The XXI century is facing the depletion of global fossil natural resources and the pursuit of new. Tensionsaround the world present management of natural resources posed the finding of a weak legal regulation, and the idea of adopting other governance based on a new mode of management. The other approach, intergenerational would be based on a reasoned management in the sense of rational, balanced and adapted endemic systems. But this shift puts the issue of the management of global natural resources at the heart of intergenerational priorities. The XXI century then allows to reflect on the legal recognition of the principle of interdependence between Man and Nature. But this legal thinking isa contrario of public policies and traditional management methods. Europe has initiated an effective response. France followed by the adoption of the charter of the environment, the laws say Grenelle I and II, the Law on energy transition. SomeAndean States have included this principle in their constitutions. The contemporary legal approach to the management of global natural resources and returns to other modes of governance and to notions of endemic areas of common public interest. Global environmental legal issues while based on new proactive security policies, strengthening existing ties of cooperation to face the multiplicity of sources of authority and power
Couveinhes-Matsumoto, Delphine. "Les droits des peuples autochtones dans le cadre de l'exploitation des ressources naturelles en Amérique latine." Electronic Thesis or Diss., Paris 1, 2013. http://www.theses.fr/2013PA01A277.
Full textLebreton, Arnaud. "Les evolutions du principe de souverainete permanente sur les ressources naturelles." Electronic Thesis or Diss., Angers, 2017. http://www.theses.fr/2017ANGE0088.
Full textForged since 1952, an impetus notably from certain Latin American states and reaffirmed by the numerous resolutions of the United Nations, permanent sovereignty over natural resources has developed into, under a slow evolution, a well-established principle of contemporary international law where the customary character was recently confirmed by the International Court of Justice. In clarifying the progressively restraining limits that international law can impose on states in regards to economic foreign interests, its formulation has principally had the interest of showing the complex relationship between sovereignty and the exploitation of resources above and below the ground. In fact, since developing countries accessed their independence through inherited economic structures from the colonial era and its avatars, they noticed early on the existing gap between their somewhat recognized intangible sovereignty and their inability to control their national economy that is still dominated by foreign companies and their former metropolitan powers concerned with protecting their supply of raw materials. Given that this situation lends itself to the perpetuation of dependent economic relationships, the newly independent states thus undertake, a revision of the concept of sovereignty, classically defined solely by political elements destined to eliminate: first, the legacy of colonial rule, and secondly, all forms of exploitation that oppose the real hold of the state over a range of activities related to natural resources situated on their territory. It is therefore understandable, that the numerous controversies raised by the interpretation of the terms and conditions of exercising the principle whose content risks causing a revision of the procedures of classic international law, particularly the subject of nationalization but also the calling into question of treaties and other concession contracts that are deemed contrary to equity. If it has become common to analyze the principle under a strictly historical angle, the purpose of this study will attempt to demonstrate that it is not wise to consider it as obsolete. Permanent sovereignty over natural resources remains a fundamental principle of international law, but not without undergoing changes. Two major tendencies must be specifically analyzed from a double dialectic angle. One tends to apprehend the relationship between people and the state in matters of a free disposal of the natural resources, the other intends to question the articulation between permanent sovereignty over natural resources and the demands tied to interdependency, in the economic sphere as well as in the environmental sphere
Zarrella, André-Dominique. "La politique internationale des pêcheries en Méditerranée : exploitation, gestion et conservation des ressources naturelles de la mer." Montpellier 1, 1991. http://www.theses.fr/1991MON10008.
Full textMediterranean sea is actually suffering from an overfishing of its resources because of a lack of an international control policy of its fisheries. There is urgency and at the same time difficulties to cure this delicate situation, so many are the conflicts between traditional fisheries and states in Mediterranean sea. It seems impossible to adapt the oceanic fisheries control policy to the Mediterranean sea. The only solution is to create a project of partition of its natural resources from the new international law of the sea and concept of enclosed sea
Couveinhes-Matsumoto, Delphine. "Les droits des peuples autochtones dans le cadre de l'exploitation des ressources naturelles en Amérique latine." Electronic Thesis or Diss., Paris 1, 2013. http://www.theses.fr/2013PA010365.
Full textIn Latin America, indigenous peoples' ancestral lands contain natural resources of great value. In order to make their exploitation possible, governments often permit private or public, national or foreign companies to set up there, thereby allowing the expulsion of indigenous peoples from their lands. In addition to this direct attack, the exploitation of natural resources, especially subsoil resources (oil and minerals), is highly polluting. Causing environmental damage, it also affects indigenous peoples. Very often, States do not adequately balance economic interests against environmental and human interests, and systematically favour economic development. At the international level however, specific legal instillments relating to indigenous peoples have emerged. International law has had a very clear impact on the domestic legal orders of the Latin American States. Indeed, under pressure from indigenous movements, non-governmental organizations and some international organizations, governments have begun to put the international human rights instruments they had ratified or adopted into action, taking into account the specificities of indigenous peoples. Both domestic judges and the Inter-American Court of Human Rights were inspired by the United Nations Declaration on the Rights of Indigenous Peoples, and have applied already known international instruments (including Convention No. 169 of the International Labor Organization) as well as domestic laws relating to human rights and the environment, in a way more favourable to indigenous peoples
Bastiège, Marine. "La gestion des ressources naturelles et son contrôle dans un monde globalisé." Electronic Thesis or Diss., La Rochelle, 2022. http://www.theses.fr/2022LAROD005.
Full textThe control systems of the extractive sector, and then the international voluntary standards that emerged with globalisation in the 1990s and 2000s, are now being rethought in the context of several important regulatory developments linked to the adoption of the European Green Deal. To what extent can we consider that these regulatory developments reflect the adoption of a transnational control paradigm in new fields ? And, if the adoption of a transnational paradigm has helped to circumvent, mitigate or even solve some practical problems, by redefining the nature of natural resource control, will current regulatory developments allow these potential benefits to be maintained ? We propose a description of the systems concerned by means of a model constructed from the literature on control, CSR, Business & Human Rights literature, accountability and Global studies. This model makes it possible to highlight the main characteristics that regulatory developments must respect in order to reproduce the main characteristics of these control systems. A longitudinal study of the recent evolution of the FSC control system and the study of the 2017-2022 extractive agreements in Colombia allow this model to be tested and refined
Barrière, Olivier. "Gestion des ressources naturelles renouvelables et conservation des écosystèmes au Sahel : le foncier-environnement." Paris 1, 1996. http://www.theses.fr/1996PA010299.
Full textThe objet of the study is related to the research on a coviability between humans and ecosystems within a sahelian context whose environmental, socioeconomical and political data have deeply evolued since at least twenty years. An approach based on the anthropo-juridical study of the various exploitation systems and their interactions infers the fundamental imbrication of the land (defined as the substrate support of the biotic elements and the ecological process) and of the environment (composed in particular of the renewed resources as stakes of power relations). This approach in environmental law is made from a methodological attitude taking into account three observation scales : the village territory, the province and the region. Constituing the binomial spaceresource as unit of observation and as operative concept in every scales, it explores the relation man-natural environment by decorticating the land tenure frame of each of the exploitation systems taken individually and in interaction with the others. The aim is to think the principles of a right considering the interactions which weigh on the behaviour of individuals, on their decision and their action in terms of management of natural resources and which integrate the necessity of the longterme coviability of the biodiversity and of the cultural diversity. This right should constitute a change lever and allow to move from the conflicting and disorganized situation that the analysis of the social structures shows to a juridical situation where the liberty margin of the social actors and their respective responsability shares are clarified in accordance with the rights they have on the space-resources and in which they must be, in other respects, secured
Dan-Dah, Mahaman Laouali. "La gestion décentralisée des ressources naturelles au Niger : un concept juridique en question ?" Pau, 2004. http://www.theses.fr/2004PAUU2010.
Full textThis thesis specifies the form and the legal contents of the local management of natural resources in Niger through: At first, the analysis of the different forms of users organisations. It figure out that these organisation are different of the traditional modes of access to natural resources in which case, the different activities of natural resources management are complementary. In the same space many prerogatives cohabit and force the different groups of natural resources users to hear each other for a durable exploitation. Now, mostly of users organisations are specialised, each organisation is in charge of the management of one natural resource. Some of these organisations who are not specialised don’t have legal reference, so they are not durable. The influence of land tenure issues, the concurrence of traditional authorities and the high dependence towards development project restrict the competence and the autonomy of user’s organisations. The movement in favour of local management of natural resources is ambiguous. The local administrations have some competencies in natural resources management, but the state is the owner of all these resources. Besides, their competencies are either vindicates by traditional authorities, or uncertainty because of the disparity of the legal and institutional frame. The rule uncertainty promotes the state’s intervention. It is also promoted by many co-ordination institutions and regional conventions which gave to the state many opportunities of going round the local administrations competencies. At last, the privatisation of water and wild fauna sets up a system of exclusive rights which is incompatible with a local management
Michelot, Agnès. "Le principe de l'utilisation rationnelle en droit de l'environnement : une approche critique internationale et comparative à partir de la faune." Dijon, 1997. http://www.theses.fr/1997DIJOD009.
Full textAn important step in the elaboration of a new juridical logic essential to the construction of an order respectful of ecological balance was taken with the acknowledgement of the principle of rational use in international law and its introduction into the internal law of numerous countries. If one bears in mind the evolution of the relationship between men and wildlife, an analysis of the principle enables one to apprehend critically the way human societies make use of nature. Born of the collective realization of the fading of wildlife resources and the necessity of regulating the activities responsible for the destruction of species, the principle of rational use reveals, on one hand, its importance and, on the other hand, its limits and inadequacies when it comes to exploiting efficiently wildlife and considering more globally the protection of the biosphere. Whereas the prevailing economic logic is called into question, wildlife, when it is regarded as an underrated and overexploited natural resource, must be reconsidered in an ecological rationality. The thought of wildlife being a mere economic resource seems to be outmoded. The principle of rational use must develop around an "enriched vision" of wildlife, likely to make use of all its potentialities, while securing its preservation in the long term. Reappraised in an order within which values are not only economic any more, wildlife can be part of a model for "sustainable" development for the environment. Thus, the fact that countries which work with the international community, enforce principles of action, which aim at finding a new balance between men and nature, contributing to the construction of a new ecologic order which acknowledges the intrinsic value of natural elements without abandoning a humanistic conception
Hadj, Cherif Hamza. "Le droit de souveraineté permanente sur les ressources naturelles dans les territoires occupés et les territoires non autonomes." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0217/document.
Full textOur thesis on "the difficulties in the implementation of the right of permanent sovereignty over natural resources in occupied and non-self-governing territories" was developed from the initial observation that the right of permanent sovereignty over natural resources in occupied and non-self-governing territories is still not respected by several actors on the international scene, some of whom claim to be very committed to the norms of international law. Two hypotheses have been put forward to explain this dilemma: either the principle of permanent sovereignty over natural resources has not yet been affirmed as a positive rule of international law applicable to occupied and non-self-governing territories; or this principle is already rooted in international law but is not yet effective due to the lack of monitoring mechanisms for its implementation. On the question of whether the principle of permanent sovereignty over natural resources is a rule of positive international law, our review has shown that the legal routing of this principle has profoundly changed the legal framework regulating the exploration and exploitation of natural resources in occupied and non-self-governing territories. The examination of the effectiveness of the right of permanent sovereignty over natural resources would inevitably require an inventory of natural resource exploration and exploitation activities in a sample of occupied and non-self-governing territories. This inventory has further reinforced the presumption of the difficult effectiveness of the right of permanent sovereignty over natural resources. The efforts of international organizations to monitor and implement the right of permanent sovereignty over natural resources in the occupied and non-self-governing territories have shown many limitations in this regard. The effectiveness of the right of permanent sovereignty over natural resources is also clearly undermined by a lack of jurisdictional mechanisms capable of effectively remedying the illegal exploitation of natural resources in the non-self-governing and occupied territories. Furthermore, an examination of the role of certain NGOs and investment funds in monitoring and implementing the right of permanent sovereignty over natural resources in the non-self-governing and occupied territories has shown that these private actors can be effective tools in encouraging the implicated companies to put an end to their illegal activities. However, this encouraging role of private actors is far from remedying by itself the situation caused by the lack of mechanisms put in place by public actors (States and international organizations)
Shin, Hongkyoon. "Les activités commerciales dans l'espace extra-atmosphérique et les justifications par rapport au principe de respect des intérêts de l'humanité." Paris 1, 1990. http://www.theses.fr/1990PA010274.
Full textStarting from an abstract legal terms rooted deeply in political considerations, the idea of using the outer space for the benefit of all mankind has been developed into being a legally binding principle. While being asserted divers expressions, it is the principle of respect of humankind's interest which might in the best way represent this idea. Legal construction of principle has been done mainly in three contexts; theories about space law, various space applications, and management of natural space resources. Non-discriminatory distribution of the benefit from space technology has been endorsed as the best way to promote humankind's interest so that it is reflected in legal terms in many space related national laws and international documents. Commercialization of space activities brings about renewing of the meaning of the principle. In that respect, status of commercial activity in outer space is analyzed, in that the regime of distribution of the benefit in the system of pursuit of the profit by private entity is different from that in public service system. In conclusion, the identical feature of space law lies in the application of the principle to space activities
Houfaidi, Jamila. "L'exercice de la souveraineté permanente sur les ressources naturelles et les activités économiques : le cas du Maroc." Nancy 2, 1985. http://www.theses.fr/1985NAN20006.
Full textGüneysu, Betil. "Les problèmes juridiques internationaux posés par l'exploitation des ressources naturelles : l'exemple de la bauxite." Université Robert Schuman (Strasbourg) (1971-2008), 1994. http://www.theses.fr/1994STR30006.
Full textBauxite and alumina are vital resources for underdeveloped economies. Bauxite is exploited by multinational entreprises. The position of the aluminium industry in the military complex, its contrat of the processus of exploitation of the mineral permitted multinational entreprises to dominate their relations with the governments. Inalienability of the souvereignty on natural resources confers to state contracts a public character. In no system of law are private interests permitted to prevail over duly established public interest making impossible actions required for public good
Rabieb, Prangtip. "Les droits et libertés face à la durabilité des ressources naturelles épuisables : recherche comparative des droits thaïlandais et français." Electronic Thesis or Diss., Paris 1, 2018. http://www.theses.fr/2018PA01D027.
Full textThis thesis highlights the significant role of the fundamental rights in the efficiency of the law that governs the preservation of natural resources. It will be organised around two axes: the first part will discuss the rivalry between rights and liberties and the objective of maintaining the durability of natural resources. The second part explores the guarantee of rights in determining an effective power sharing mechanism over these resources. The first part places an emphasis on the foundations of human rights, the primacy of the human person, also on the limiting function of the action of the sovereign power. In Thai law, the requirement of compliance with property law, freedom of enterprise and the right to subsistence form a significant obstacle in the regulation of this field. This comparative analysis unfolds instruments in French law that limit more powerfully the exercise of these rights and could inspire new developments in Thai law. The second part of this thesis argues that the guarantee of environmental rights marks the dawn of a partial transfer of power on natural resources from a State to its citizens, and makes citizens protectors of nature alongside the State. Apart from participatory rights and their accessories, the Thai constitution also guarantees to its citizens and local communities a right to conserve and exploit natural resources. This right renders citizens as the representatives of the environment. Its second component, the right to exploitation, inspires the principle of the equitable sharing of the nation's natural resources, put forward in the final chapter
Rabieb, Prangtip. "Les droits et libertés face à la durabilité des ressources naturelles épuisables : recherche comparative des droits thaïlandais et français." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D027/document.
Full textThis thesis highlights the significant role of the fundamental rights in the efficiency of the law that governs the preservation of natural resources. It will be organised around two axes: the first part will discuss the rivalry between rights and liberties and the objective of maintaining the durability of natural resources. The second part explores the guarantee of rights in determining an effective power sharing mechanism over these resources. The first part places an emphasis on the foundations of human rights, the primacy of the human person, also on the limiting function of the action of the sovereign power. In Thai law, the requirement of compliance with property law, freedom of enterprise and the right to subsistence form a significant obstacle in the regulation of this field. This comparative analysis unfolds instruments in French law that limit more powerfully the exercise of these rights and could inspire new developments in Thai law. The second part of this thesis argues that the guarantee of environmental rights marks the dawn of a partial transfer of power on natural resources from a State to its citizens, and makes citizens protectors of nature alongside the State. Apart from participatory rights and their accessories, the Thai constitution also guarantees to its citizens and local communities a right to conserve and exploit natural resources. This right renders citizens as the representatives of the environment. Its second component, the right to exploitation, inspires the principle of the equitable sharing of the nation's natural resources, put forward in the final chapter
Nazemi, Mehrdad. "La mer Caspienne et le droit international : contribution à l'étude de sa situation juridique au carrefour des frontières." Paris 1, 2001. http://www.theses.fr/2001PA010306.
Full textSalam, Raman. "Le rôle des enjeux économiques dans l’établissement du nouveau droit de la mer à la troisième conférence des Nations Unies en 1982." Nantes, 1992. http://www.theses.fr/1992NANT4005.
Full textThrough out the centuries, thekingdoms, the states and the empires, in that period, only fough amongst themselves in order to obtain land, nowadays, on the ever increasing width of the sea, the powerful countries, like theil smaller conterparts, try hard to project thiers rights on the riches of the sea. The different configurations on marine geology are invoiced by several states tojustify what they called their "natural rights", in order to own the full depth of the sea, above all if they suspect the presence of crude oill. The leaders of this dispute have become even more numerous because the decolonisation has created in increase of smaller countries and islands. The general expansion of the rights of inshore countries on the oceans space results in the advanced technology, of extensive exploration and exploitation, which have made the rules of the geneva convention of 1958 obsolete. The last new-york convention in 1982, on the international maritime law, made legal to "those economical zones" -stated in the above- by creating what is now calls "exclusive economic zones", an area of 200 nautical miles (370 km) in which natural and mineral resources, belong to the rights of the
Lozachmeur, Olivier. "La consécration du concept de "gestion intégrée des zones côtières" en droit international, communautaire et national." Nantes, 2004. http://www.theses.fr/2004NANT4012.
Full text"Integrated coastal zone management" (ICZM) is a dynamic process in which a coordinated strategy is developed and implemented for the allocation of environment, socio-cultural and institutional resources to achieve the conservation and sustainable multiple use of the coastal zone. After its recognition during the Rio Conference in 1992, the concept was took up by the international community and international organisations. In Europe, this approach was made concrete by the publication of a European strategy of ICZM in 2000 and by a Recommendation to the states members in 2002. Following the dedication of the ICZM concept by the french Government in 2001 and by the french Parliament in 2002, France prepare a national ICZM strategy since 2003. So certain instruments (SMVM, DTA, SDAGE, SAGE, bay contracts. . . ) fit partially in a prospect for ICZM, many efforts and legal adaptation still remain to make so that this concept is truly implemented in our country
Mynard, Frantz. "Droit domanial et formation du droit public fluvial (1669-1835)." Rennes 1, 2011. http://www.theses.fr/2011REN1G027.
Full textAs well as being a means of regaining legal ground in the Middle Ages, rivers under royal supervision were instruments of modelisation within the state system as much for the territorial make up and the setting up of borders as for the modes of administrative penetration. Contrary to received wisdom, the establishment of French laws governing the rivers of the Crown stems from a geography of sovereignty. From the beginning of the concept of “bien domanial par nature”, the introduction of public laws codified as early as the “Ancien Régime”, reveals the importance and the history of "matters of water" in the origins of the theories regulating the state property within administrative laws. Also the river system model pioneered a tradition unknown to the specialised lawyers and public law professionals who took part in the creation of the first classification nomenclatures and the rising systemization of administrative laws under the Restauration. This research proposes for the first time, at the turning point of survival, economic and defence stakes, a history of public laws on river
Sakai, Leticia. "La souveraineté permanente sur les ressources naturelles et la protection internationale des Droits de l'Homme." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010291/document.
Full textIn the light of international law, this work aims at showing that there is an "intermediate way" between the exercise of State's rights over natural resources, issuing from the principle of State sovereignty over natural resources, and the protection of human rights of the State's population (especially local population or indigenous peoples) directly affected by the exploitation of natural ,esources. In order to question the current scope of the principle of permanent sovereignty over natural resources and to contribute to human rights protection in this context, our aim is to endorse a contemporary interpretation of the principle of permanent sovereignty over natural resources, recognized, more than fifty years ago, by the United Nations General Assembly's Resolution 1803 (XVII) of 1962. By this contemporary interpretation, it would be possible to conceive that the principle of permanent sovereignty over natural resources can confer to the State rights related to the enjoyment of natural resources in its territory and, at the same time, can confer obligations to such State related to the human rights of its population in the context of use of natural resources
Sebi, Carine. "Réglementation acceptable d'une ressource commune." Grenoble 2, 2008. http://www.theses.fr/2008GRE21013.
Full textThe thesis examines the choice of acceptable regulatory instruments ("pareto improving") in order to reduce the exploitation of a common pool resource exploited by heterogeneous agents. Thanks to different methodologies, we test experimentally the hypothesis carried in a theoretical model, and we assess the efficiency of public policies in a special case. The introductory chapter permits to formulate our analysis, and the thesis problematic. Regulating open access resources is welfare enhancing for society but not necessarily for all users. Some of them may, therefore, oppose regulation. Chapter 2 examines the short-term impact of three common resource regulations (an access fee and subsidy scheme, transferable quotas and non-transferable quotas) under the political feasibility constraint that no user should lose from free access extraction. We find that market-based instruments such as fees and subsidies or transferable quotas achieve a higher and more efficient reduction of resource extraction than non-transferable quotas. However, they exacerbate inequalities whereas quotas tend to reduce them. In Chapter 3 we test in a laboratory experiment these three regulations imposed on a common-pool resource game. Theory predicts that they all reduce resource use from free access to the same target level without hurting users. We find that this reduction is reached on average, although with more variance with fees than with quotas. The fee scheme tends to better sort out the more efficient users but leads to more inequality. All regulations fail to make every user better off, although non-transferable quotas more than the two market-based instruments. Chapter 4 examines the management of Annecy Lake fishery. Two groups of fishermen share the resource: recreational and professional fishermen. The development of the recreational fishery creates conflicts with the commercial fishery and both types of fishery generate a big pressure on the resource; some species survive thanks to the stockings of young fish. A set of regulatory instruments is well defined for each type of fishermen. However the implementation of the regulatory policy is made difficult by the tension between the two groups. The economic analysis reveals three important points: (i) the rules of stocking of young fish unfavourable to commercial fishermen; (ii) the atypical fish market in Annecy; (iii) the monitoring problem of regulations of the lake. This present chapter proposes the implementation of new regulatory instruments
Cristino, Frota Mont'alverne Tarin. "Vers un régime international sur l’accès et le partage des avantages dans le droit de la biodiversité ?" Paris 5, 2008. http://www.theses.fr/2008PA05D008.
Full textThis study aims to determine the need, despite the variety of obstacles, of an international regime on access to genetic resources and benefit-sharing. The question is what measures might be most appropriate to harmonize the objectives of the Convention on Biological Diversity regarding the access to genetic resources and the fair and equitable sharing of the benefits arising from their use, the national laws on access and benefit-sharing, the Bonn Guidelines and the rules on intellectual property. The need for an adequate and coherent legal framework arises to resolve conflicts. The main issue is what kind of international regime on access and benefit-sharing is under formation
Boillet, Nicolas. "La mise en valeur du patrimoine naturel et culturel en droit public." Lorient, 2009. http://www.theses.fr/2009LORIL141.
Full textThe promotion of the natural and cultural heritage is today an integral part of public policies enacted by both the state and local authorities. The stated objectives of these policies gather together a number of areas including the promotion of cultural heritage, along with the economic and territorial development of the regions in question. Once the interest, the objectives and the functions of the notion of promoting national heritage have been clearly defined it is possible to identify a set of rules and legal procedures which guarantee the actual substance of the aforementioned notion. The different features making up natural and cultural heritage have therefore come under the jurisdiction of property law. This French property law raises a number of questions centred on the economic reality of promoting national heritage. The idea of economic development outlined the French Code général de la propriété publique has also itself contributed to a debate on the matter of national heritage. Developments in environmental and cultural law have helped to shape the framework within which the promotion of national heritage is to be found. However, the aforementioned framework also includes a number of specific rules of a purely incentive nature. Promoting national and cultural heritage consequently provides an element of coherence and harmony regarding, on the one hand aspects of natural heritage, and on the other hand aspects of environmental, cultural and property law
Talla, Tene Marius Rostand. "Le droit positif camerounais face aux impératifs de conservation de la faune sauvage et de promotion des populations autochtones." Versailles-St Quentin en Yvelines, 2008. http://www.theses.fr/2008VERS025S.
Full textThe environment’s protection does not have any more cease to be a priority for the subjects of the International law. Since the Summit of Rio de Janeiro on the environment and the development, this concern caused at the international level was taken more and more into account by the States. Cameroun did not remain with the margin of this process since many legal provisions were taken in order to protect nature and its resources in fact those consisted wild fauna. Indeed, while taking as a starting point the International law of the environment, the Cameroonian legislator devoted the principle of conservation of wildlife by recommending the control of hunting activities, by attaching a major importance to the protected areas and by controlling the use of the faunal resources at commercial purposes. These measurements were also combined with the other supposed ones to improve the living conditions of the autochthon communities like the facilitation of the access to the natural resources and the implication of those in the management of wild fauna. However, this regulation knows important limits primarily made up by the restriction of the principle of participation and the multiple difficulties of a functional nature. All these limits result in to relativize the results obtained by the policies of conservation of fauna and promotion of the rights of the autochthon communities to Cameroun. To ameliorate the situation, of important measures should be taken in particular the improvement of decentralization’s policy, the participation’s principle reinforcement, the reinforcement of the control of the commercial exploitation of the wildlife resources and the at last, the equipment of autochthon communities of a clear statute taking that is taking in consideration their particularities
Bérard, Marie-Hélène. "Légitimité des normes environnementales et complexité du droit : l'exemple de l'utilisation des Dina dans la gestion locale de la forêt à Madagascar (1996-2006)." Doctoral thesis, Université Laval, 2009. http://hdl.handle.net/20.500.11794/20946.
Full textHardjito, Hapsari. "La préservation des forêts en droit international." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D055.
Full textThe global forest are nowadays covers approximately 4 billion hectares i.e. equivalent to 30 per cent of the world's land area. Global deforestation has continued at an alarming rate since the end of the last century, espacially in tropical zones. The global challenges of forests loss are enormous on all levels : economic, social, biological and ecological. The legal status of forests as the natural property of States and the undeniable application of the principles of permanent sovereignty over natural resources explain the non-consensus among States to ensure universal protection of forests by treaty. However, there are heterogeneous and more or less soft international rules, broken down in several international instruments addressing various environmental issues that benefit forest conservation. The preservation of forests is increasingly conceived from a sustainable development perspective. With regard to the place of forests in the rules of international trade, it remains fragile and torn between two objectives that seem to be contradictory : economic development and protection of the environment. A global governance for forest protection is thus being developed through new paradigms, including the development of forest certification norms emanating from environmental NGOs. This study is part of a re-examination of the legal status of forests, taking into account their vital role for the planet, particularly between the balance of the global climate, and calls for the recognition of forests as vital resources
Barry, Mamoudou. "Politiques fiscales et douanières en matière d'investissements étrangers en Afrique francophone : le cas du secteur des ressources naturelles extractives." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR060.
Full textSince the early 1980s, French-speaking African countries, producers of raw materials, have largely opened their extractive sector to foreign investments. This openness has adopted several strategies among which taxation and customs have occupied a special place. Our work focused on the latter. Indeed, the stakes of these states have always been the reconciliation of the attractiveness of the sector and its profitability. Initially, our reflection focused on the strategies for setting up favorable tax and customs systems and, secondly, on the good governance of these systems. Our research shows that, first, while tax and customs strategies have been successful in attracting foreign investments, the question of profitability is still mixed, for many reasons that we have analyzed. This is where we made suggestions for improvement. In the second, it appears that the conditions of good governance tax and customs arrangements put in place are not sufficiently met by Francophone African, hence the need reunite past and improve prevention and resolution techniques disputes
Malandi, Maher. "Les aspects juridiques du problème de l'utilisation des ressources internationales en eau douce au Moyen-Orient." Paris 1, 1999. http://www.theses.fr/1999PA010289.
Full textTeles, da Silva Solange. "L' eau et l'air en droit français et brésilien." Paris 1, 2001. http://www.theses.fr/2001PA010271.
Full textDeroche, Frédéric. "Les peuples autochtones et leur relation originale à la terre : un questionnement pour l'ordre mondial /." Paris : l'Harmattan, 2008. http://catalogue.bnf.fr/ark:/12148/cb412705839.
Full textSubotsch, Nathalie. "Comparaison des politiques de gestion des forêts à rôle de protection dans les pays alpins, signataires de la convention alpine : étude comparée de cinq pays alpins." Université Joseph Fourier (Grenoble), 1999. http://www.theses.fr/1999GRE10215.
Full textNkounkou, Euloge Anicet. "La stabilisation des investissements pétroliers et miniers transnationaux : des contrats aux traités." Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/27603/27603.pdf.
Full textThériault, Sophie. "La terre nourricière des Inuit : le défi de la sécurité alimentaire au Nunavik et en Alaska." Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26386/26386.pdf.
Full textAmilien, Caroline. "Droit international et gestion durable des forêts tropicales." Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32004.
Full textInternational cooperation for sustainable management of tropical forests faces two obstacles. On the one hand, because of the principle of sovereignty over natural resources, international rules regarding forest management evolve slowly. To date, proposals for a convention on global forest have failed. Other conventions indirectly or sectorally applying to tropical forests are weak. Sovereignty over natural resources also explains enthousiasm for soft-law, which is adaptable. Programs, such as the tropical forestry action program, and statements are numerous, while binding principles are few and vague. On the other hand, the effectiveness of international instruments related to tropical forest conservation has been limited by development and trade policies. Since 1972, interdependence between environment and development is increasingly recognized by economic and financial institutions. However, reforms are often insufficient or uncomplete. In addition, conflicts among existing international policies remain numerous. Harmonization among international instruments, and collaboration among international organizations are required to reach a coherent and effective international system promoting tropical forest sustainable management
Schmitt, Boris. "Ressources naturelles et développement dans le monde tropical : les contradictions entre dynamiques écologiques, reproduction sociale et ordre économique international." Phd thesis, Université de Bourgogne, 2013. http://tel.archives-ouvertes.fr/tel-00995156.
Full textMissaoui, Hanane. "L'interdiction du pillage et de la destruction en temps de conflit armé : essai d'approche systémique." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1010.
Full textAfter the end of the Cold War, armed conflicts have witnessed the multiplication of an ancient practice, in a more vigorous manner: the practice of pillaging and destruction. Henceforth, the pillaging and destruction of cultural goods or natural resources, notably, constitutes the real driving force of a conflict. An economic driving force, as the pillaging of cultural goods or of natural resources embodies a medium to finance rebels. A war driving force, as the pillaging of natural resources implies the forced labour of civilians. Also, the pillaging or the destruction of cultural goods is part of an objective of destruction of the identity of an ethnic group. Farther the violation of humanitarian law, the violation of the prohibition of pillaging and destruction implies the violation of human rights. As a consequence, this prohibition, at the crossroads of laws, constitutes the backbone of a real legal system
Stahl, Lucile. "Le droit de la protection de la nature et de la diversité biologique dans les collectivités françaises d'Outre-mer." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_stahl_l.pdf.
Full textThanks to its overseas collectivities, France enhances its heritage with a great diversity of species and ecosystems, often rare and sometimes unique. However, there are rather serious threats which weigh on this exceptional heritage. In this context, it is essential to evaluate the accuracy of the law of nature protection and biodiversity. The characteristics and legal status of the protection of nature, as well as its influence on the environmental, overseas and public laws, have been analyzed here. It will be shown that in contact with collectivities’ legal diversity – and a fortiori since the 28 March 2003 revision of the Constitution related to the decentralized organization of the Republic – a specific law on nature’s conservation is emerging. However, the efficiency of the overseas law, whether it is an exact copy of the law in Continental France or elaborated in a more autonomous way, still remains limited for the protection of biodiversity. It therefore appears necessary to strengthen the law on nature protection, both in its conception and enforcement. In this respect, an increase in awareness of certain ecological overseas’ specificities (such as being an island, extreme sensitivity to exotic invasive species, coral reef and endemic species, etc. ) could effectively contribute to this reinforcement
Sutterlin, Olivier. "L'évaluation monétaire des nuisances : éléments de réflexion au carrefour des raisonnements juridiques et économiques en matière environnementale." Paris 5, 2010. http://www.theses.fr/2010PA05D009.
Full textThe monetary valuation of environmental injuries caused by human activities is a major. Preoccupation since the ecological movement sprang up, in the 1960's. Every ecological disaster revives the interest in this issue. Economists have developped some new methods in order to estimate environmental injuries in monetary terms. Though the validity and reliability of those methods are principally questionned, the controversy is more deeply rooted in the legal approach of environmental injuries. When called upon, the traditional Tort Law's mechanisms proved to be insufficient and their evolution was required. Generally speaking, the development of environmental economics interrogates the efficiency and adaptability of Environmental Law. A continuous cross-disciplinary dialogue is more and more needed so as to adopt common, meticulous, harmonized and understandable valution methods. Nevertheless, if the legal basic notions and general principles may enrich at the contact of economics, the limits of this process shall be analyzed
Angeli, Oliviero. "Territorial rights and global justice." Thesis, Tours, 2010. http://www.theses.fr/2010TOUR2012.
Full textThis thesis develops a normative conception of the territory that combines the cosmopolitan notion that human beings are ultimate units of moral concern with the putatively non-cosmopolitan right to collective self-determination. Human rights are placed at very heart of this thesis insofar as the arguments developed therein give priority to important human interests over other considerations of social utility or efficiency. On the other hand, the thesis argues that the citizens of states have a moral right to collective self-determination and that this right is reducible to the rights of all human beings as citizens of particular states. Exploring the implications of these arguments, the thesis addresses issues pertaining to citizenship, immigration, and global distributive justice. Some of the arguments developed run against the dominant grain of contemporary political philosophy: residency provides a sufficient reason for claiming citizenship rights, there is no general right to immigration, natural resources are not the ‘currency’ of global distributive justice
Reiche-De, Vigan Stéphanie. "Le droit et l'espace souterrain. Enjeux de propriété et de souveraineté en droit international et comparé." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3044.
Full textUntil today, there has been little interest of international Law concerning the earth’s subsurface, as the space that extends from the surface of the soil or of the seabed to the center of the earth. On the one hand, there is no rule of international law that regulates the use Sovereign States have of their territorial subsurface. It is currently understood that subsburface activities and property law that regulates them, are within domestic jurisdiction only and do not come under international law scrutinity as they waive the exercice of an absolute independance of States. On the other hand, the existing rules of international law that regulates extraterritorial subsurface, notably the seabed and ocean floor and subsoil thereof beyond national jurisdiction and the Antarctic, consider the earth’s subsurface mostly in terms of use and exploitation of mineral resources. Faced with the evergrowing uses of the subsurface that are solely used for extraction or for injection and storing, and regarding the impacts of some underground activities on the environment and on human rights, International Law must play a role by regulating the content and extent of rights that are exercised over the earth’s subsurface inside and outside territorial jurisdiction for development and protection purposes
Candiago, Noémie. "La dette écologique en droit international public." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD007/document.
Full textThe ecological debt is a concept which was developed at the beginning of the 90s in order to fight against the burden of financial debts which crippled the budgets of developing States. States and the civil society used the theoretical and practical knowledge developed by researchers in social and economic sciences to criticize an unequal worldorder, leading to continuous environmental degradation and as such, a characteristic of an unequal ecological exchange. For the different actors, the concept of ecological debt took on various meanings so that we can now dissociate four different discourses. For each discourse, we have identified one or more legal mechanism, but most of them often turn out to be unfit to meet the claims of ecological debt advocates. It appears that only the community version of ecological debt is efficient without being counter-productive. Our analysis of the climate regime in international law confirms this result since norms that empower local communities seem more efficient to reduce climate debt
Belaïdi, Nadia. "La lutte contre les atteintes globales à l'environnement : vers un ordre public écologique ?" Dijon, 2004. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/f6701868-5bf0-4ba3-95d4-a0945429b5f2.
Full textBaret, Pierre. "La propriété commune comme instrument de gestion des espaces valorisant leur patrimoine naturel." Grenoble 2, 2000. http://www.theses.fr/2000GRE21047.
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